Document g553JVbJJNDYLmomZN7nBgq9
HEARING OUTLINE
PENDING MOTIONS AND SUGGESTED DISPOSITION:
A. NPC motion to compel discovery:
1. Contention is that subject of WEC retention/destruction of documents from Industrial Hygiene Dept, is not privileged.
a. Need stipulations/judicial determination on:
(1) Proper scope of privilege objections during depositions. RECOMMENDED DISPOSITION: Parties instructed to continue conferring, set hearing date to reduce issues prior to depositions.
(a) issues primarily involve application of principles of work product and attorney client privileges, waiver thereof, and crime/fraud exception thereto.
(2) Production of purportedly privileged documents appended to Bair 22-page memorandum, approximately 10 documents. RECOMMENDED DISPOSITION: Expedited ruling of waiver by incorporation into no-longer privileged document or by waiver of subject matter. Alternative, expedited submission for in camera review.
(a) Parties have conferred. If in camera inspection, parties should discuss before Court reviews, to determine possible further compromise.
B. NPC motion to compel inspection of property
1. Contention is that NPC should be allowed to depose witnesses in presence of records at issue. RECOMMENDED DISPOSITION: expedited ruling. Briefing should not be necessary.
C. NPC motion for discovery hearing. RECOMMENDED DISPOSITION: no separate action needed; subsumed in above suggestions for hearing.
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II. ISSUES TO BE SCHEDULED A. Request to inspect records gathered in 1986 companywide sweep for PCB records. RECOMMENDED DISPOSITION: Establish briefing schedule; consider potential need to take relevant portion of Rule 30(b)(6) related deposition after fact deposition cut-off date. B. Redefinition of subpoena duces tecum to redefine request and privilege claims. RECOMMENDED DISPOSITION: Set expedited hearing date; WEC to provide privilege log if contested; decision and production to occur prior to relevant Rule 30(b)(6)' deposition. 1. Intimately related to Rule 30(b)(6) deposition -- needs expedited decision 2. Contains privilege claims for which there has been no privilege log. Parties have conferred, but need at least one further conference since Court's opinion received.
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Telephone: (702) 385-4202
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BRADLEY & MERRELL
c/o Jones, Jones, Close & Brown
300 South Fourth Street, Seventh Floor Las Vegas, Nevada 89101-6026
Fax: (702) 385-1655
July 9, 1993
VIA FACSIMILE
Bruce A. Featherstone Kirkland & Ellis 1999 Broadway, Suite 4000 Denver, Colorado 80202
Re: Nevada Power Company v. Monsanto Company, et al. USDC, District of Nevada Case CV-S-89-555-LDG (LRL)
Dear Bruce:
This letter will confirm the schedule of Monsanto depositions as agreed to via telephone conferences on July 8 and 9, 1993, between your office and Ralph Bradley. The schedule for the week of July 12, 1993, has been agreed to as follows:
PMK re PCB fluids, vendors market share (Papageorge)
July 12, 1993 1:00 p.m. P.S.1 Via telephone
George Levinskas
July 14, 1993 9:00 a.m. St. Louis, MO
Paul Benignus
July 15, 1993 9:00 a.m. St. Louis, MO
PMK re trade associations (Papageorge)
July 15, 1993 1:00 p.m. St. Louis, MO
Paul Benignus
July 16, 1993 9:00 a.m. St. Louis, MO
PMK re dioxins (Mieure)
July 16, 1993 1:00 p.m. St. Louis, MO
The depositions set for St. Louis will take place at the
P:\USERS\HCD\C0R\FEATHER
Bruce A. Featherstone July 9, 1993 Page 2
offices of Husch & Eppenberger located at 100 North Broadway, Suite 1300.
The following depositions remain to be taken during the week of July 19, 1993, and are being negotiated among counsel.
PMK re Exhibit #1118
PMK re hazards, to include hazards to human health and to the environment, and not limited to a specific range of years
PMK re I.B.T.
R. Emmet Kelly
William Papageorge (personal continued)
It is my understanding that we may agree to stipulate to the withdrawal of Dr. Kelly once we have had an opportunity to review the transcripts of his deposition taken in the Brown case. I hereby request a copy of those transcripts from you at your earliest convenience.
Please telephone me immediately if this schedule for the week of July 12, 1993, does not comport with your understanding.
Sincerely,
BRADLEY & MERRELL
/hcd cc: All counsel
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^jZr\ PAUL E. MERRELL
P:\USERS\HCD\COR\FEATHER
SI *RE & FORWARD REPORT
DATE/TIME LOCAL TERMINAL ID.
LOCAL .NAME COMPANY LOGO
7- 9-8:3 3:58PM 7023851055
BRADLEY AND MERRELL
No. 001 002 003 004005
REMOTE STATION
START TIME
DURATION #PAGES
MODE
JOHN THORNDAL 7- 9-83 3 :41PM
1 '18" 3/ 3 EC SF
BRUCE ALVERSON
3:43PM
l ,02" 3/ 3 EC SF
B FEATHERSTONE
3:44PM
5 '34" 3/ 3 EC SF
STEVEN KUNEY
3:50PM
0 `52" 3/ 3 EC SF
ARVIN MASKIN
3:57PM
1 16" 3/ 3 EC SF
DIAL GROUP No. 006 001 002 003 004 005
____
TOTAL 0:10"02" 15 DIRECTORY NUMBERS
RESULTS
COMPLETED 9600 COMPLETED 9600 COMPLETED 4800 COMPLETED 14400 COMPLETED 9600
NOTE :
No. DIRECTORY NUMBER 48 4800BPS SELECTED EC ERROR CORRECT
G2 G2 COMMUNICATION
PD POLLED BY REMOTE SF STORE & FORWARD R1 RELAY INITIATE RS RELAY STATION
MB SEND TO MAILBOX PG POLLING A REMOTE MP MULTI-POLLING
RM RECEIVE TO MEMORY
BRADLEY & MERRELL c/o JONES, JONES, CLOSE & BROWN, CHARTERED
Seventh Floor -- Bank of America Plaza 300 South Fourth Street
Las Vegas, Nevada 89101-6026 (702) 385-4202
M ESSAG E FROM X E R O X 7024: (702) 385-1655
DATE: 7 '
TO: John L Thorndal, Esq.
FAX#:
(702) 366-0327
PHONE #: (702) 366-0622
TO: J. Bruce Alverson, Esq.
FAX#:
(702) 385-7000
PHONE #: (702) 384-7000
TO: Bruce A. Featherstone, Esq.
FAX#:
(303) 291-3334
PHONE #: (303) 291-3000
TO: Steven R. Kuney, Esq.
FAX#:
(202) 434-5029
PHONE #: (202) 434-5843
TO: Arvin Maskin, Esq.
FAX#:
(212) 310-8007 OR (212) 735-4657
PHONE #: (212) 310-8000
FROM:
M ATTER/M ATTER NO.:
Nevada Power v. Monsanto, et al., #11927.2
DOCUMENT(S) DESCRIPTION:
NUM BER OF PAG ES (including cover page): " 3 ______________
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